Opinion
Decided February 5, 1998
Appeal from the Family Court, Bronx County (Bruce Kaplan, J.).
We defer to Family Court's finding, which turned largely on its assessment of witness credibility, that petitioner failed for a period of six months to keep the agency apprised of her location (see, Matter of Irene O., 38 N.Y.2d 776, 777), and to the court's resulting conclusion that the agency was excused from having to show diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384-b [e] [i]; see, Matter of Trudya J., 223 A.D.2d 470, lv denied 87 N.Y.2d 812). Respondent's argument that the agency was not excused from making diligent efforts because it could have discovered her whereabouts had it made inquiry about her of the children's foster mother, who is respondent's sister, is without merit (see, Matter of O. Children, 128 A.D.2d 460, 465; but, cf., Matter of Sheila G., 61 N.Y.2d 368, 383, n 5). We agree with the Family Court that the children's best interests are served by freeing them for adoption.
Concur — Milonas, J. P., Rosenberger, Ellerin and Tom, JJ.